3276VL00 SOLE SOURCE SAT MEMORANDUM.pdf

Enclosure (3) 1

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Fabrication of temporary lead shielding from certified detrimental commercial materials and specifications to produce various shapes per PSNS Code 2310 NEPD Reactor Engineering

Division DWG 2301-3537 Rev. I. Temporary lead shielding are various size and shape, flexible, covered, lead wool/sheet, used in the Reactor Compartment (RC) to reduce radiation levels and minimize maintenance personnel exposure to ionizing radiation.

Manufacturer: Lancs Industries Holdings, LLC

Manufacturer POC & Phone #: POC: Diego Rangel, PH: (505) 738-7200

Mfr. Address: 1420 Mission Ave. S.E., Albuquerque, New Mexico, 87107

Manufacturers Dealer/Rep: Lancs Industries Rep. is Diego Rangel at PH: (505) 738-7200

Dealer/Rep Address/Phone #: 1420 Mission Ave. S.E., Albuquerque, New Mexico, 87107/

PH: (505) 738-7200

Required Delivery Date (RDD): 05/01/2024

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Enclosure (3) 2

2. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Per contract N4523A21P4043, manufacturer provided quantity two of each of the twenty different piece types of PSNS drawing 2301-3537 Rev. I for first article testing in order to become an Approved Manufacturer of the twenty different piece types for production runs in the next four years starting on the date of the acceptance report.

The solicitation was posted for full and open competition but resulted in only one award under

N4523A21P4043 to Lancs Industries Holdings, LLC.

Lancs Industries Holdings, LLC is the only approved and qualified product manufacturer of the

20 temporary lead shielding shapes per PSNS Code 2310 NEPD Reactor Engineering Division

DWG 2301-3537 Rev. I. The acceptance report date was made on 27 July 2021. The acceptance report will expire on 27 July 2025.

3. ___ OTHER REASONS. Other reason not identified above.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

Enclosure (3) 3

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

___________________ Mitchell Linder 360-627-3639 10/4/2023

Signature Name (Printed) / Phone # Date

Contracting Officer Certification: I certify that the facts and representation included in this justification are complete and accurate to the best of my knowledge and belief.

NAME Date

Contracting Officer